7/15/25 Washington Employers Take Note! L&I Rulemaking to Align with Recent Legislative Changes
July 15, 2025
By Nicole Elgin & Xavie Davenport
A proposal for expedited rulemaking was filed in Washington State on July 1, 2025. The proposal aims to allow the Washington State Department of Labor and Industries to update the language of two statutes, RCW 49.76 and RCW 49.46 relating to domestic violence leave, paid sick leave, and data certain employers must provide to their drivers. L&I has requested expedited rulemaking under the assertion that the proposed language adopts the new statutory language into the rule without making material changes.
The Washington State Legislature recently passed three Bills that prompt the need for language revision, Substitute Senate Bill 5101 (“SSB 5101”), Engrossed Substitute House Bill 1875 (“ESHB 1875”), and Engrossed Substitute House Bill 1332 (“ESHB 1332”).
SSB 5101 adds “hate crimes” to the acceptable uses of leave under the Domestic Violence Leave Act. The law defines a “hate crime” as “the commission, attempted commission, or alleged commission of an offense described in RCW 9A.46.110… and includes, but is not limited to, offenses that are committed through online or internet-based communication.” This law is effective January 1, 2026.
ESHB 1875 extends the allowable uses of paid sick leave to include preparation and participation in immigration proceedings for employees. Specifically, employees may use paid sick leave “to prepare for, or participate in, any judicial or administrative immigration proceeding involving the employee or the employee’s family member.” This law is effective July 27, 2025.
ESHB 1332 requires that electronic receipts and weekly notices given to Transportation Network drivers contain information on financial incentives, promotions, or bonuses paid. Transportation Network Companies now must make records of per trip receipts from the previous 24 months available in a single aggregated, searchable, downloadable format (such as CSV or searchable PDF) within three business days of a driver’s request. This law is effective September 1, 2025.
Because the expedited rulemaking process requires fewer procedural steps, anyone who opposes this use of the expedited rulemaking process should express objections as soon as possible. The objection deadline ends at 5 p.m. on September 2, 2025.
For guidance on compliance with the new laws or further explanation about the expedited rulemaking process and its ramifications, contact Nicole Elgin at nelgin@barran.com, or 503-276-2109